City of Pittsburgh v. Pennsylvania Public Utility Commission

Opinion by

Judge Wilkinson, Jr.,

As a result of the lengthy United Mine Workers strike which started on December 6, 1977 intervenor, *244Duquesne Light Company (Duquesne) sought by petition filed with the Public Utility Commission (Commission) on February 6, 1978 permission to file a tariff supplement, effective on one day’s notice, establishing an “emergency surcharge” in the amount of $.003 per kilowatt hour. Duquesne averred that the coal shortage resulting from the strike had forced it to make extraordinary purchases of power from other utilities to supplement a diminished generating capacity.…